Rogers v. Reward
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. D. M. Prendergast. Appellants brought trespass to try title to recover 1,920 acres of land located and surveyed in 1849 by virtue of a bounty land warrant issued after the death of Eliel Melton, in 1861. The land was patented to the heirs of Eliel Melton in 1861. The plaintiffs in their petition set up title through an instrument executed by Tabitha Melton to her then widowed daughter, Polly Echols.
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Appeal from Johnson. Tried below before the Hon. D. M. Prendergast. Appellants brought trespass to try title to recover 1,920 acres of land located and surveyed in 1849 by virtue of a bounty land warrant issued after the death of Eliel Melton, in 1861. The land was patented to the heirs of Eliel Melton in 1861. The plaintiffs in their petition set up title through an instrument executed by Tabitha Melton to her then widowed daughter, Polly Echols. Eliel Melton, deceased, was at the time of his death a single man, leaving no children surviving him. The defendants in support of their title…
1Opinion of the Court
Bonner, Associate Justice.
shall confine this opinion to the leading and controlling questions in the case which have been argued by counsel.
*34I. Was the grant of letters of administration to Ethan Melton valid, he not having been next of kin to tho deceased?
Eliel Melton, the deceased, was a citizen of Texas, and hence the provisions of the statute (Pasch. Dig., art. 1400), prohibiting administration to be granted upon the estates of members of the G-eorgia Battalion and other volunteers from foreign countries, to any than the next of kin, did not apply.
The probate court had jurisdiction over…
2Cases cited26 opinions
- Barry v. MerceinSupreme Court of the United States · 1847
- Cannon v. McDanielTexas Supreme Court · 1876
- Bufford v. HollimanTexas Supreme Court · 1853
- Howard v. ColquhounTexas Supreme Court · 1866
- Lacy v. Heirs of WilliamsTexas Supreme Court · 1852
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3Cited by55 opinions
- Morrow v. CorbinTexas Supreme Court · 1933
- United Services Life Insurance Company v. DelaneyTexas Supreme Court · 1965
- Lauraine v. AsheTexas Supreme Court · 1917
- Chandler v. WelbornTexas Supreme Court · 1956
- Lauraine v. AsheTexas Supreme Court · 1917
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